IF YOU DO NOT AGREE TO THE FULL EXTENT OF THESE TERMS, OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR ANY OF THE SERVICES OFFERED BY THE WEBSITE.
TTO RESERVES THE RIGHT TO MAKE CHANGES IN THESE TERMS, ON ITS SOLE DISCRETION BY PUBLISHING AMENDED TERMS, AND THEREFORE WE URGE YOU TO CHECK PERIODICALLY FOR UPDATES. YOUR CONTINUED USE OF THE WEBSITE AFTER THE POSTING OF UPDATED TERMS, CONSTITUTES YOUR AGREEMENT TO SUCH AMENDED TERMS.
THE USE OF THE MASCULINE GENDER IN THIS EULA IS FOR CONVENIENCE PURPOSES ONLY, AND ANY PART THEREOF, IN WHICH THE MASCULINE GENDER IS USED, APPLIES THE FEMININE GENDER AS WELL.
IN THE EVENT THAT YOU REPRESENT A CORPORATION THAN YOU HEREBY THAT YOU HAVE THE AUTHORITY TO BIND THE CORPORATION WITH THESE TERMS AND TO PERFORM ALL REPRESENTATIONS, WARRANTIES AND OBLIGATIONS REQUIRED ON BEHALF OF THE CORPORATION.
THE WEBSITE AND DESIGN PROCESS
The Website is intended to provide a web design system and tools, that enables its users to create, design and manage professional HTML websites, with or without writing code (the "System").
Since the Website is at a Beta stage the design process via the System will be provided to You free of charge. As soon as you shall complete the design process for your site, you shall have an option to either (i) use the hosting and management services of TTO for the site that was designed by You via the System or (ii) export the code to external third party hosting as per your request.
Your site will be stored and operated via the System and therefore shall be subject to the operation and limitations of the System. You hereby acknowledge and approve that upon the System end of life or in any event that the System will cease to operate, including upon technical problems preventing the operation of the System, the site will cease to exist with no further obligation or liability with respect to TTO.
Upon your registration, You will also be asked to select a username and password. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under the Account with or without your knowledge. You agree to immediately notify Us of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
TTO grants You a limited, revocable non-exclusive, non-transferable, personal license to access and use the System and the Account, all in accordance with these Terms.
You undertake that all information provided by You to TTO as part of opening your Account, is true and accurate and consent to update this information in order to keep its accuracy, correctness and completeness.
Logging into Your Account will enable You as follows:
a. Convert PSD or Sketch files to web.
b. Create animations & interactions
c. Customize designs for all platforms/resolutions/screens / Responsive
d. Make changes to project before and after publish.
e. Export code (depend on the package).
f. Manage SEO tools (depend on the package).
g. Content Management System (depend on the package).
h. Publish your project.
Since the Website is at a Beta stage, please be advised that in order to use it You will be required to register to a waiting list at the following link ______________, and as soon as You will get to the top of the list, You will be able to use the System. We do not provide any representation or guarantee with respect to the time that will take you to get to the front of the list and use the System.
Please be advised that registration to the list, does not guarantee that You will be able to use the System and does not impose any undertaking on TTO to provide you any service or the option to use the System. TTO may, at its sole discretion, amend, cancel or delay your registration for the use of the System, without limitation.
You will be entitled to terminate any service upon 7 days prior notice by e-mail indicating the order number.
In order to make your experience of using the System joyful, fruitful and in compliance with all applicable laws, You and all other users are required not to:
(i) use the System for any illegal purpose or for any purpose other than for the purposes for which it is intended;
(ii) sell or make commercial use in any materials contained in the System, the Website or your site, unless permitted by TTO or by the user uploaded the materials;
(iii) use the System in violation of any law, contractual restrictions or other third party rights;
(iv) intentionally interfere with or damage operation of the System or any user’s enjoyment of the System.
(v) Upload, post, email, transmit or otherwise make available any content that (a) is defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory unlawful, harmful, hateful, threatening, harassing, libelous, invasive of another's privacy, harmful to a minor or otherwise objectionable; (b) you do not own or have the right to disclose or make available under any law or under contractual or fiduciary relationships or that infringes upon confidentiality obligations, or proprietary rights of third parties; (c) is considered unauthorized advertising, such as "junk mail", "spam", "chain letters", "pyramid schemes", and any other form of solicitation; (d) contains software viruses, adware, spyware, worms, or other malicious code.
(vi) Build a site that is knowingly or have suspicion to believe that are in breach with third parties rights or that includes any contents that are prohibited under the law or these Terms. Any breach by user's site of any law or third party right, shall be under the sole responsibility of the user and user shall compensate TTO for any damage cost or expense caused to TTO as a result therefrom.
You agree not to submit, transmit, or otherwise make available in any manner either as part of the site, its creation, use, or otherwise, any content (i) that is obscene, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. You represent and warrant that You possess all necessary rights to use the content that You submit to the site and that use of such content does not violate these Terms. You agree to defend, indemnify, and hold TTO harmless from and against any and all claims arising out of or relating to any content that You submit to the site.
When you visit the Website or use the System or send e-mails to TTO, You are communicating with TTO electronically. We therefore take this as your consent to receive communications from TTO electronically. Please note that by doing so you agree that all agreements, notices, disclosures and other communications that TTO provides you electronically satisfy any and all legal requirement that such communications be in writing.
The Website includes or might include links or direct connections to other websites, contents or resources that are owned and operated by other third parties as a convenience to You (“Reference Sites”). Please note that TTO does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
All content included on the Website and/or the System, such as text, graphics, logos, button icons, images, audio and/ or video clips, digital downloads, data compilations, page headers, scripts, and service names, including all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights are the property of TTO and are all protected by copyright laws and may not be used by you unless prior approved by TTO.
By creating a site via the System, You hereby grant TTO an irrevocable worldwide, non-exclusive, transferrable license and right with respect to such site including the right to use, copy, reproduce, fix, adapt, modify, improve, reformat, publish, distribute, sell, license, sublicense, transfer, rent, lease, publicly display, in any way, as well as all modified and derivative works thereof including without limitation, reformatting it, incorporating it into other works, creating derivative works from it, promoting it and distributing it, provided however that all rights specified herein shall not include in any way any right with respect to the contents and materials included in the site. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any design you made in the site via the System.
The ownership to the site created by You via the System and all content included in the site will be owned exclusively by You and You have the sole responsibility for such content. TTO reserve the right to edit or reject any contents that are inappropriate or illegal or from any reason whatsoever.
TTO does not regularly review any design you create via the System or content, You provide to the Website, TTO reserves the right to edit such Design or content in any way and to refuse to process any design request that violates these Terms or that TTO finds objectionable for any or no reason.
We may provide You with content that is subject to proprietary rights of third parties such as images, fonts, graphical items, audio files, images etc. You hereby acknowledge and agree that upon request from Us, You shall immediately: (a) remove and/or disable such content; and (b) remove such content from Your site created by using the System. Failing to do so may terminate Your Account immediately. any duplication, distribution, modification, sublicensing, reproduction, transferring, creating of derivative works from, selling or other use of such content, is forbidden as well as any reverse engineering, decompiling or disassembling of such content in any manner is forbidden.
WARRANTIES AND DISCLAIMERS
THE SERVICES INCLUDED IN THE WEBSITE AND THE SYSTEM , ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TTO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TTO MAKES NO WARRANTY THAT (I) THE SYSTEM OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE SYSTEM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE AND THE SYSTEM WILL MEET YOUR EXPECTATIONS.
ANY USE OF THE WEBSITE AND THE SYSTEM AND/OR CREATION OR OPERATION OR DESIGN OF ANY SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED TO YOU WITH RESPECT THERETO.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE WHETHER BY TTO OR BY THIRD PARTY SHALL CREATE ANY WARRANTY TO TTO NOT EXPRESSLY STATED IN THESE TERMS.
TTO WILL NOT BE LIABLE FOR ANY SECURITY BREAK INTO THE SYSTEM OR INTO YOUR ACCOUNT THAT WILL MAKE ANY DAMAGE, OR ANY INFLUENCE ON THE SITE, INCLUDING WITHOUT LIMITATIONS DATA LOST TO THE SITE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TTO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES TTO SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR THE INABILITY TO USE, DATA AND MATERIALS OR OTHER INTANGIBLE LOSSES (EVEN IF TTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO THE WEBSITE AND THE SYSTEM.
IN NO EVENT SHALL TTO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT OF US$100 (ONE HUNDRED US DOLLARS), IF AT ALL.
STATUTE OF LIMITATIONS.
Please do not hesitate to contact our customer service at firstname.lastname@example.org